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In Re: Gangi Reddi Buchanna and ors. - Court Judgment

LegalCrystal Citation
SubjectCriminal
CourtChennai
Decided On
Reported in(1908)18MLJ541
AppellantIn Re: Gangi Reddi Buchanna and ors.
Excerpt:
- 1. in this case the appellants have been convicted by a jury, but we must set aside the verdict as there has been a serious misdirection in the judge's charge to the jury.2. the plea of all the accused was an alibi, and each of the accused, except the first, called witnesses to prove the alibi. nine witnesses for the defence were examined, but the sessions judge in his charge to the jury has not referred to them at all; nor has he even stated what the plea of the accused was. it is impossible to say that this is not a misdirection which prejudiced the accused.3. we set aside the conviction and direct that the accused be retried in accordance with law.
Judgment:

1. In this case the appellants have been convicted by a jury, but we must set aside the verdict as there has been a serious misdirection in the Judge's charge to the jury.

2. The plea of all the accused was an alibi, and each of the accused, except the first, called witnesses to prove the alibi. Nine witnesses for the defence were examined, but the Sessions Judge in his charge to the jury has not referred to them at all; nor has he even stated what the plea of the accused was. It is impossible to say that this is not a misdirection which prejudiced the accused.

3. We set aside the conviction and direct that the accused be retried in accordance with law.


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